Are subrogation claims valid in the state of Florida?
Country relating to Question: United States
State (if USA): Florida
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.There are different types of subrogation claims. The most typical is where you are injured in an accident and your health insurance pays for your medicals. In such cases the insurance company does have a right to reimbursement for what they have paid out. Often your attorney can negotiate with them for a lower amount, typically 65% of what they have paid.
Insurance company seeking reimbursement for damages. A contractor was working in my condo and accidentally set off the fire sprinkler which caused water damage to my neighbor's condo. Their insurance company paid for the damages and now they want reimbursement for the damages, both dwelling and contents. For repairs and for replacement of damaged contents.
By "their" insurance company I assume that you mean the insurance company of your neighbor and not the insurance company of the contractor. In this case the contractor is the one liable and I am not sure why the contractor's insurance company has not paid. In any event, you can pass the request for subrogation on to your insurance carrier and also to the contractor. Your insurance company will assign an adjuster to the claim. You may want to forward the request to both by certified mail so that you have a record. Your insurance company has a duty to defend you from such claims. A positive rating is appreciated and allows me to continue to assist others on JA. Simply place the cursor over the rating box and then rate my answer 3, 4, or 5. Thanks
Actively practicing trial attorney
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